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The difference between discretionary and non-discretionary bonus payments
Employers try a variety of incentives to find creative and reliable ways to motivate their employees. Employers with vast interest and belief in their businesses are often inspired by passion and the entrepreneurial spirit to work harder each day. But, unfortunately,...
Legal Battle Between Samsung and SARS Over Device Classification
The Gauteng Division of the High Court recently decided on a very interesting matter between technology giant Samsung and the South African Revenue Services (hereinafter referred to as 'SARS'). The case concerned the classification of the well-known Galaxy model for...
Should An Insured Be Penalised For Untrue Information Supplied By Another During The Investigation Of A Claim?
Tumultuous economic conditions have resulted in insurers and the insured finding themselves before the courts more often than in previous, more certain times. In saying that, however, the King Price Insurance Company Ltd v Concise Consulting Services (Pty) Ltd...
Update: Covid-19, The CPA And Evictions
Recently there has been a rise in commercial evictions. Debates around same include the possible applicability of the Consumer Protection Act 68 of 2008 as amended (hereafter "the CPA") because of the relief mechanisms contained therein for tenants. However, what...
Unpacking the Cyber Crimes Act 19 of 2020 – and what that means for you!
The Cyber Crimes Act 19 of 2020 (the Act) has now been signed into law. However, it has not come into effect. President Cyril Ramaphosa, has yet to confirm the commencement date in the Government Gazette. This Act aims to protect the public and categorises certain...
Settling A Dispute In The Middle Of An Arbitration – How Is This Different From Other Procedures In Which Settlement Occurs?
Entering into a settlement after arbitration proceedings have commenced is not such an uncommon occurrence anymore. When a settlement is reached, the arbitrator is requested to make an award by agreement. However, how enforceable is such an award? Bidoli v Bidoli...
Subcontractors – There are Various ways to Contract? Why does it Matter?
A construction contract is an agreement between an employer (the property owner or its authorised agent) and a contractor to construct, repair, modify, renovate or even demolish something in an agreed time frame, for an agreed price and to agreed / acceptable...
Employment Contracts versus Freelance, When and How to Hire and When Not to
27 July 2021 at 11:00 Tickets Cost: R100 How do you know when to hire and when not to? Unpacking the Basic Conditions of Employment Act and Labour Relations Act What is the difference between Employing someone and appointing them as a Supplier, Agent, Distributor or...
POPIA is Effective!
On the topic of POPIA becoming effective, all of us should ask ourselves one key question: would we take it upon ourselves to dig into a colleague or client's purse and help ourselves? No, we would not! Why do we not see data and personal information in the same...
Withdrawing a Resignation
Notably, employees are still not clear about resignations and the subsequent issues that may arise. Employees resign for different reasons. Now, the issues often arise when the employee resigns and later withdraws the resignation, and the employer rejects the...
The Duty of Child Support – Who is Responsible?
It is no secret that the poor communities in South Africa face a high unemployment rate and poverty due to a struggling economy. But an even more prevalent theme in the townships and communities is the number of children left without parents, leaving them to fend for...
Understanding Electronic Agreements
The COVID-19 pandemic has accelerated digital transformations. Digital solutions are increasingly needed to continue some of the economic and social activities remotely. Evidently the law also has to transform to adapt to the times we are living in. Concluding...
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